Common Causes of Malpractice Litigation
Malpractice litigation can be a difficult procedure. If a patient can demonstrate four elements, it will determine whether or not the error is malpractice. These are professional obligation in breach of this obligation; an injury that results from the breach; and quantifiable damage.
Plaintiffs must also prove the elements by using evidence like expert testimony and depositions.
Undiagnosed or Incorrectly Diagnosed
The failure of a physician to accurately diagnose a disease or injury can result in serious complications or even death. The misdiagnosis of a patient is a frequent cause of medical malpractice. To prove negligence, the patient or their attorney must show that a competent physician under similar circumstances and working in the same field would not have misdiagnosed the condition.
It is not always a case of malpractice, however. Even experienced and highly trained doctors can make errors. Therefore, any claim of malpractice must be backed by other factors like breach, proximate reason and actual injury. If a doctor does not sterilize his equipment prior to administering anesthesia and the patient becomes infected due to this, the doctor may be liable.
Legal actions claiming malpractice are usually filed in state trial courts, where the alleged malpractice occurred. Federal courts may be able to hear cases in certain instances. For instance, a lawsuit could be filed in federal court if it involves a dispute over the statute of limitations or when there is a significant variation in the citizenship of those involved in the dispute. Some claims are settled by arbitration that is binding and voluntary. This is a less formal procedure involving professional decision makers that is intended to cut costs, expedite legal proceedings, and eliminate the possibility of excessively generous juries. Arbitration is not available in all instances of malpractice.
Dosage for a drug that is not correct
Medication errors, also known as medication mistakes, are one of the most frequent causes of medical malpractice lawsuits. They can involve a physician writing a prescription incorrectly or administering the wrong dosage to patients. These errors are usually preventable. Based on the circumstances, a hospital, its staff, a pharmacist or other health care providers could be held responsible for the injuries of a patient who was prescribed the wrong dosage of medication.
A doctor can prescribe the wrong medicine because of a misdiagnosis. Or, simply not understanding the prescription correctly. A health care professional could also prescribe the wrong dosage because of an issue with communication for instance, when the nurse reads a doctor's handwritten script incorrectly or the pharmacist commits an error in filling the prescription. In other cases the doctor may delay the administration of the correct medication, which can cause the patient's condition to worsening.
A person seeking compensation must prove, for the sake of winning a malpractice lawsuit that the medical professional violated their standards of practice and that their injuries were directly attributed to the negligence. This requires medical experts to be present. Furthermore, a medical negligence case must prove the extent of a victim's injuries and the damage they sustained as a result of the negligence. This includes the cost of treatment and any lost wage. The more money you lose the greater the value of the claim.
The wrong procedure
This type of incident is not unusual. It may seem like a challenge for medical professionals to carry out the incorrect procedure on patients, but it does happen. If a surgeon makes this mistake could be held liable for negligence. If a patient is injured due to an error during surgery can be held accountable for any mistakes that were made during the procedure.
A medical professional accused of negligence must prove that the patient was injured as a result of an action or inability to act. To prove this the legal team representing the patient must show that: (1) the doctor had an obligation to provide care or treatment; (2) that the doctor violated that duty; (3) that there is a direct causal link between the breach and the injury and (4) that the injury causes damages that the legal system could address.
A breach of duty of care is no significance unless it results in injury. This is the reason medical
malpractice cases tend to be built on the legal principle "res ipsa locquitur" which says that certain injuries are so obvious that they can be explained only through negligence.
Based on the circumstances depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their lawyer can choose to file in state or federal court. Most malpractice cases are filed in state courts, however under limited circumstances medical
malpractice lawsuits could be filed in federal district court.
Wrong Surgery
The wrong-site procedure is rare but it can be considered medical malpractice in the event that the procedure is carried out in the wrong part of your body. This type of mistake is often caused by miscommunications between members of the surgical team or pressures in the production process that result in surgeons having multiple surgeries assigned at once. In these cases, a surgeon is not solely accountable for a mistaken-site procedure because of a legal principle known as "res ipsa locquitur" which says that the outcome speaks for itself and cannot be blamed on negligence.
If a patient is injured during a wrong-site procedure the patient may require additional procedures to rectify problems that were exacerbated due to the error. This could result in expensive medical expenses for patients and their families. It is essential to take these costs into consideration when calculating the financial impact of medical malpractice lawsuits.
The majority of times, surgeons are held responsible for surgical mistakes. They are responsible in preparing the patient prior to the procedure, examining the medical records and charts of the patient, communicating with the rest of the medical staff, and ensuring that the incision was placed at the correct location. However, in certain instances an anesthesiologist or a hospital could also be held responsible. Medical malpractice claims are usually filed in state courts, but in certain situations, they can be transferred to federal court.